STATE OF KARNATAKA Vs. M P RENUKACHARYA

JUDGEMENT

(1.) The respondents are being prosecuted for the offences punishable under various sections of the Indian Penal Code. When the cases were at the stage of trial, the Public Prosecutor filed separate applications under S.321 Cr.P.C., proposing to withdraw the prosecution launched against the accused. Learned Magistrate, having passed an order of rejection, criminal petitions were filed. The same having been rejected, again applications were filed under S.321 Cr.P.C., before the learned Trial Judge, proposing to withdraw the prosecution. The applications having been rejected on 07.10.2011, these petitions were filed to quash the aforesaid order/s and allow the prayer made in the applications moved by the prosecution.

(2.) Sri B. Visweswaraiah, learned HCGP, contended that there is failure on the part of the learned Magistrate to exercise jurisdiction vested in him. He submitted that the impugned orders being perverse are liable to be set aside.

(3.) Perused the impugned order /s and considered the submissions made by the learned HCGP. The point for consideration is, whether the learned Magistrate has committed any error of law in rejecting the applications filed under S.321 Cr.P.C.?